IN THE CASE OF: BOARD DATE: 5 December 2022 DOCKET NUMBER: AR20220003548 APPLICANT REQUESTS: corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the service period ending 26 May 1991 to show: * Item 4a (Grade, Rate, or Rank): SPC (specialist) vice PFC (private first class) * Item 4b (Pay Grade): E-4 vice E-3 * Item 11 (Primary Specialty): 38A (Civil Affairs Specialist) vice 94B (Food Service Specialist) * Item 12h (Effective Date of Pay Grade): 910119 vice 900701 * Item 18 (Remarks): to show foreign service during the Persian Gulf War APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) Online FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his most recent DD Form 214 reflects the incorrect rank of PFC he should be SPC. He has documents with proof of rank and several forms where he is referenced as SPC or E-4. His military occupational specialty (MOS) is also incorrect it should be 38A2P. He has forms which reflect correct rank and MOS at time of discharge from active duty. He provides certificates of training that reflect this information. His service in the Persian Gulf War is also not reflected. 3. As for the applicant’s request for correction of his DD Form 214 the following items will be corrected administratively: * Item 4a: DA Form 2-1 (Personnel Qualification Record) shows in item 18 (Appointments and Reductions) he was advanced to SPC on 19 January 1991 * Item 4b: E-4 * Item 12h: 910119 4. Item 18 of the applicant’s DD Form 214 shows the applicant served in support of Desert Shield/Desert Storm; service in SWA 910108 to 910429. Additionally, Item 12.f (Foreign Service) reflects 00 years, 03 months, and 22 days of foreign service this period. 5. The Board will consider the applicant’s request for correction of Item 11: 38A vice 94B. 6. The applicant enlisted in the U.S. Army Reserve (USAR) on 26 April 1989. 7. He entered a period of active-duty training (ADT) on 24 May 1989. He was released from ADT on 30 September 1989. His DD Form 214 shows he completed 4 months and 7 days of net active service this period. It also shows his MOS as 94B. 8. A DA Form 4187 (Personnel Action) shows he was advanced to PFC on 1 July 1990. 9. He entered a period of active duty on 28 November 1990 in support of Operation Desert Shield/Desert Storm. He was honorably released from active duty on 26 May 1991 and transferred to his USAR unit. His DD Form 214 shows he completed 5 months and 29 days of net active service this period. 10. DA Form 1059 (Service School Academic Evaluation Report) shows his pay grade as E-4. He completed the 71L (Administrative Specialist) from 11 October 1992 thru 14 February 1993. 11. A DA Form 4187 shows a reclassification withdrawing MOS 94B and awarding MOS 71L due to DA Form 1059. It was verified and recommended for approval by his unit commander on 21 July 1993. 12. A Certificate of Training shows he completed Civil Affairs Specialist Course Phase I (38A1O) from 12 February thru 15 May 1994. Another Certificate of Training shows Civil Affairs MOS 38A from 20 June – 1 July 1994. 13. DA Form 2A (Personnel Qualification Record) prepared on 6 October 1994, shows his rank as SPC and a Date of Rank of 910119. His MOS reflected 94B. 14. DA Form 4187 shows a reclassification action started to change his current MOS 94B to be withdrawn and award MOS 38A. This action was not authenticated by the unit commander dated 13 October 1994, the box for recommend approval was marked. 15. Orders D-04-734016, issued by U.S. Army Reserve Personnel Center, on 29 April 1997, shows the applicant’s rank as SPC. He was honorably discharged on 29 April 1997. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed the applicant did not attain the requested military occupational specialty during his period of active service. The Board determined that there was insufficient evidence of an error or injustice to warrant relief in this case. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the corrections addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows his DD Form 214 omitted administrative entries as a result, amend the DD Form 214 following items: * Item 4a: SPC * Item 4b: E-4 * Item 12h: 910119 * Item 13: add Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 4 (a and b) GRADE, RATE or RANK and PAY GRADE. Enter active duty grade or rank and pay grade at time of separation. b. Item 11 PRIMARY SPECIALTY. Enter the primary MOS or AOC, and all additional MOS/AOC served for a period of one year or more, during soldier's continuous active military service. For each MOS/AOC, list the title with the years and months served. For enlisted, enter the first five characters of the PMOSC which will include the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable-if not the fifth character will be a “0.” The above specialties must be validated on the DA Forms 2A or 2-1. c. Item 12h Enter the effective date of promotion to pay grade. 3. AR 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) a. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. b. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003548 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1